The term "under advisement" refers to a situation in which a judge is considering a case after hearing all the evidence and arguments from both parties. During this time, the judge has not yet made a decision or issued a judgment. This period allows the judge to deliberate on the issues presented, ensuring a thorough evaluation before reaching a conclusion.
This term is commonly used in various legal contexts, including civil, criminal, and family law cases. When a case is under advisement, it indicates that the judge is taking time to reflect on the evidence and arguments before making a ruling. Understanding this phase is important for parties involved, as it can affect the timeline of their case.
Users can manage some aspects of legal proceedings themselves, especially with the help of legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a civil lawsuit, after both the plaintiff and defendant present their cases, the judge may take the matter under advisement to consider the evidence before issuing a ruling.
Example 2: In a criminal case, if a judge is determining a sentence after a conviction, they may keep the case under advisement while reviewing relevant factors and guidelines. (hypothetical example)
In Indiana, for example, the Indiana Trial Rule 53.2 outlines the time limits for holding a case under advisement. If a judge does not make a decision within ninety days, parties may petition to withdraw the case and have it reassigned to a special judge.
| State | Time Limit for Under Advisement |
|---|---|
| Indiana | 90 days |
| California | No specific limit, but decisions should be made promptly |
| Texas | 30 days for most civil cases |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Under Advisement | Period during which a judge is deliberating a case after hearing evidence. |
| Pending | A case that is awaiting a decision but may not necessarily be under advisement. |
| Judgment | The final decision made by a judge regarding a case. |
If you find yourself in a situation where your case is under advisement, it's essential to remain patient while the judge reviews the evidence. You may want to consult with your attorney to understand the implications of this phase and what to expect next. Additionally, you can explore US Legal Forms for templates that may assist you in managing your case effectively.
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It means the judge is considering the case after hearing all evidence and has not yet made a decision.